Allahabad High Court
Abid vs State Of U.P. on 23 January, 2020
Author: Umesh Kumar
Bench: Umesh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3678 of 2020 Applicant :- Abid Opposite Party :- State of U.P. Counsel for Applicant :- Shujauddin Counsel for Opposite Party :- G.A. Hon'ble Umesh Kumar,J.
Applicant- Abid seeks bail in Case Crime No. 2498 of 2019 under Sections 394, 411, 420, IPC , Police Station Indarapuram, District Ghaziabad.
Heard learned counsel for the applicant and learned AGA for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated due to ulterior motive; that the story set up in the impugned FIR is false and concocted; that the alleged recovery of dummy mobile phone Box on the information given on OLX is planted one; that the mobile no. 6378007792 on which the informant alleges to have contacted does not belong to the applicant; there is no independent witness of the alleged recovery. Besides above submissions, the circumstances which according to learned counsel for the applicant led to the false implication of the accused-applicant has also been tried to be touched upon at length; It has been further submitted that applicant is in jail since 20.11.2019 having no other criminal history to his credit and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Bail has been opposed by learned AGA on behalf of the State.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits of the case, let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 23.1.2020 Shahid